Save Our ecoSystems vs. FHWA
1996 lawsuit that stopped WEP

This lawsuit convinced the Feds to withdraw 1990 approval. The suit was not even heard by the judge, the FHWA realized they would likely lose the lawsuit and withdrew the approval a month after the suit was filed. The following year, in 1997, FHWA issued a Supplemental Draft Environmental Impact Statement in 1997. Despite almost a decade of trying, FHWA never finished the Final EIS because every option they considered was very illegal, overpriced and underforming. The "No Build" Record of Decision was finally made in 1997.

"Prior to any construction proceeding, we still need
to receive the 404 permit from the US Army Corps of Engineers, application
pending, and complete coordination with the US Fish and Wildlife Service
on threatened and endangered species. In addition we are now in the
process of conducting a supplemental EIS for the entire project, rather
than just the western and eastern portions. Therefore, we are suspending
our approval of the PS&E for the construction of the middle section
of the West Eugene Parkway project."

This lawsuit was settled out of court six weeks after being filed,
without ever going in front of a judge. The FHWA knew there was no point
to defending the WEP, since the case was extremely illegal and they would
lose.

While all of the government planners at all levels of government are
aware that the WEP lacked "legal sufficiency" and therefore
the FHWA would not even attempt to defend their side in federal court,
this historical fact was censored from pro-WEP statements
from elected officials, ODOT publications, the SDEIS and its re-evaluation,
and propaganda from the private promoters from the Chamber of Commerce
and similar entities who have financial interests in the WEP and/or related
sprawl overdevelopment.